see also

Police say they opened fired after Sanabria refused to drop a 2-foot-long blade while his 92-year-old brother-in-law Natalio Conde slept in another room.

But the new Bronx Supreme Court suit says cops used “false and incorrect” information to execute the “no knock” warrant.

“What intelligence gathering was done to see who was living in the apartment?” asked Robert Vilensky, the family’s attorney.

“You would think before they entered an apartment at 4 in the morning they would have done some surveillance to see who actually resides in the apartment,” he said.

Cops were actually looking for the 92-year-old’s son, Miguel Conde, 38, who was later arrested outside the apartment. Charges against him were dropped.

Police also didn’t recover any weapons and only found the stub of a marijuana joint.

The Sanabria and Conde families are suing over Mario’s wrongful death and Miguel’s false arrest. They’re also seeking emotional damages for Natalio who thought he was going to be killed by intruders when he heard the gunshot that killed his brother-in-law.

City Law Department spokesman Christian Madrid said, “We will review the complaint and respond accordingly.” An NYPD spokesman said an investigation is ongoing.